Feb 26, 2008

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Date: 02/26/2008 Session: Regular

468 1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 February 26, 2008 11 3:08 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR CARL L. MARCELLINO, Acting President 19 STEVEN M. BOGGESS, Secretary 20 21 22 23

24 25 Candyco Transcription Service, Inc. (518) 371-8910 469 1 P R O C E E D I N G S 2 ACTING PRESIDENT MARCELLINO: The 3 Senate will come to order. 4 I ask everyone present to please 5 rise and recite the Pledge of Allegiance. 6 (Whereupon, the assemblage recited 7 the Pledge of Allegiance to the Flag.) 8 ACTING PRESIDENT MARCELLINO: 9 Today to give the invocation we have 10 Dr. Charles Jennings, pastor of the Ridgewood 11 Bible Church in Lockport. 12 PASTOR JENNINGS: Thank you for 13 inviting me to this noble chamber. May I 14 invite you to join with me to approach the 15 throne of heaven. 16 Almighty God, we thank You, Lord, 17 that it is by Your design and Your purpose 18 that You have created us for intimacy with 19 You. And Lord God, I'm amazed at such amazing 20 grace, that You would want us to experience a 21 relationship with You, the living creator. 22 And so, Father, I ask, Lord, that 23 by Your mercy and grace You would work in our 24 lives. Father, draw us to learn more of Your 25 love, Your great love for us, and learn to

Candyco Transcription Service, Inc. (518) 371-8910 470 1 love You more. 2 Almighty God, Creator, Father, I 3 thank You, Lord, that You've also created us 4 in Your image, that we can reflect even Your 5 character in this world. And I pray for all 6 that are gathered in this room today that we 7 might learn to reflect Your holiness, Your 8 goodness, Your kindness, Your justice. 9 Father God, may we learn to love 10 others, even one another, as You have loved 11 us. Almighty God, I thank You, King of the 12 universe, that You have also created us to 13 exercise dominion in this earth according to 14 Your will. 15 And I ask for these Senators, 16 Father God, that You would work in their lives 17 to enable them, to empower them, to grant them 18 wisdom, that they might exercise their 19 legislative power and their governing 20 abilities to accomplish Your purposes. 21 Father, You have revealed to us 22 even through Your prophet Micah that You 23 desire for us to do justly and to love mercy 24 and to walk humbly with our God. 25 And so, Lord God, I ask, Father, Candyco Transcription Service, Inc. (518) 371-8910 471 1 that You would work in a mighty way to lead

2 these noble Senators to do justly. O Father, 3 I would pray, Lord, that You would also guide 4 them to love mercy. And O Father, may You 5 draw them to walk humbly with You. 6 And so, Father, I ask that Your 7 blessing would be upon them, their staff, 8 their families and this great work that You 9 have called them to. 10 For I ask this all in the great 11 name of my savior, the Lord Jesus Christ. 12 Amen. 13 ACTING PRESIDENT MARCELLINO: May 14 we have the reading of the Journal, please. 15 THE SECRETARY: In Senate, 16 Monday, February 25, the Senate met pursuant 17 to adjournment. The Journal of Friday, 18 February 22, was read and approved. On 19 motion, Senate adjourned. 20 ACTING PRESIDENT MARCELLINO: 21 Hearing no objection, the Journal stands 22 approved as read. 23 Presentation of petitions. 24 Messages from the Assembly. 25 Messages from the Governor. Candyco Transcription Service, Inc. (518) 371-8910 472 1 Reports of standing committees. 2 Reports of select committees. 3 Communications and reports from 4 state officers.

5 Motions and resolutions. 6 Senator Skelos. 7 SENATOR SKELOS: Mr. President, I 8 believe there's a substitution at the desk, if 9 we could make it at this time. 10 ACTING PRESIDENT MARCELLINO: The 11 Secretary will read the substitution. 12 THE SECRETARY: On page 25, 13 Senator Skelos moves to discharge, from the 14 Committee on Codes, Assembly Bill Number 9480 15 and substitute it for the identical Senate 16 Bill Number 6499, Third Reading Calendar 322. 17 ACTING PRESIDENT MARCELLINO: 18 Substitution ordered. 19 Senator Skelos. 20 SENATOR SKELOS: Mr. President, 21 if we could adopt the Resolution Calendar, 22 with the exception of Resolutions 4270, 4271, 23 and 4366. 24 ACTING PRESIDENT MARCELLINO: The 25 question is on the adoption of the Resolution Candyco Transcription Service, Inc. (518) 371-8910 473 1 Calendar, with the exception of Resolutions 2 4270, 4271, and 4366. All in favor signify by 3 saying aye. 4 (Response of "Aye.") 5 ACTING PRESIDENT MARCELLINO: 6 Opposed, nay. 7 (No response.)

8 ACTING PRESIDENT MARCELLINO: The 9 Resolution Calendar is adopted, with the 10 exceptions that were mentioned by the Deputy 11 Majority Leader. 12 Senator Skelos. 13 SENATOR SKELOS: Mr. President, 14 there's a resolution by Senator Thompson at 15 the desk. If we could have the title read, 16 move for its immediate adoption, and Senator 17 Thompson has offered it up for cosponsorship. 18 ACTING PRESIDENT MARCELLINO: The 19 Secretary will read. 20 THE SECRETARY: By Senator 21 Thompson, Legislative Resolution Number 4270, 22 memorializing Governor Eliot Spitzer to 23 proclaim March of 2008 as Red Cross Month in 24 the State of New York. 25 ACTING PRESIDENT MARCELLINO: On Candyco Transcription Service, Inc. (518) 371-8910 474 1 the resolution, all in favor signify by saying 2 aye. 3 (Response of "Aye.") 4 ACTING PRESIDENT MARCELLINO: 5 Opposed, nay. 6 (No response.) 7 ACTING PRESIDENT MARCELLINO: The 8 resolution is adopted. 9 And the resolution is open for 10 cosponsorship by the usual procedure, that if

11 anyone wishes not to be on it they should 12 notify the desk. 13 Senator Skelos. 14 SENATOR SKELOS: Mr. President, 15 Senator Thompson has another resolution at the 16 desk. If we could have the title read, move 17 for its immediate adoption, and open it up for 18 cosponsorship. 19 ACTING PRESIDENT MARCELLINO: The 20 Secretary will read. 21 THE SECRETARY: By Senator 22 Thompson, Legislative Resolution Number 4271, 23 recognizing March 8, 2008, as International 24 Women's Day in the State of New York. 25 ACTING PRESIDENT MARCELLINO: On Candyco Transcription Service, Inc. (518) 371-8910 475 1 the resolution, all in favor signify by saying 2 aye. 3 (Response of "Aye.") 4 ACTING PRESIDENT MARCELLINO: 5 Opposed, nay. 6 (No response.) 7 ACTING PRESIDENT MARCELLINO: The 8 resolution is adopted. 9 And again, the usual procedure. 10 Anyone not wanting to be on the resolution 11 please notify the desk. 12 Senator Skelos. 13 SENATOR SKELOS: Mr. President,

14 there's a resolution at the desk by Senator 15 Volker. If we could have the title read, move 16 for its immediate adoption, and open it up for 17 cosponsorship. 18 ACTING PRESIDENT MARCELLINO: The 19 Secretary will read. 20 THE SECRETARY: By Senator 21 Volker, Legislative Resolution Number 4366, 22 memorializing Governor Eliot Spitzer to 23 proclaim April 27 through May 3, 2008, as 24 Municipal Clerks Week in the State of 25 New York. Candyco Transcription Service, Inc. (518) 371-8910 476 1 ACTING PRESIDENT MARCELLINO: On 2 the resolution, all in favor signify by saying 3 aye. 4 (Response of "Aye.") 5 ACTING PRESIDENT MARCELLINO: 6 Opposed, nay. 7 (No response.) 8 ACTING PRESIDENT MARCELLINO: The 9 resolution is adopted. 10 Again, anyone wishing not to be on 11 this resolution please notify the desk. 12 Senator Skelos. 13 SENATOR SKELOS: Mr. President, 14 there's a resolution at the desk by Senator 15 Griffo. If we could have it read in its 16 entirety and move for its immediate adoption.

17 ACTING PRESIDENT MARCELLINO: The 18 Secretary will please read the resolution. 19 THE SECRETARY: By Senator 20 Griffo, Legislative Resolution Number 4434, 21 memorializing Governor Eliot Spitzer to 22 proclaim February 26, 2008, as Spina Bifida 23 Awareness and Prevention Day in the State of 24 New York. 25 "WHEREAS, Spina bifida is a birth Candyco Transcription Service, Inc. (518) 371-8910 477 1 defect that involves the incomplete 2 development of the spinal cord or its 3 coverings; and 4 "WHEREAS, Spina bifida occurs at 5 the end of the first month of pregnancy; and 6 "WHEREAS, Neural tube defects are 7 costly and can result in lifelong disabilities 8 and death; and 9 "WHEREAS, There are many 10 New Yorkers living with spina bifida for whom 11 health and support services are critical to 12 their well-being and improving their quality 13 of life; and 14 "WHEREAS, Every year in the United 15 States approximately 3,000 pregnancies are 16 negatively impacted by neural tube defects; 17 and 18 "WHEREAS, Folic acid is the single 19 most effective weapon against spina bifida;

20 and 21 "WHEREAS, January 7-13, 2008, was 22 National Folic Acid Awareness Week; and 23 "WHEREAS, Studies have shown that 24 taking folic acid decreases the risk of neural 25 tube defects; and Candyco Transcription Service, Inc. (518) 371-8910 478 1 "WHEREAS, It is estimated that 2 50 percent of all pregnancies are unplanned. 3 Folic acid education can help women of 4 childbearing age understand the benefits of 5 taking a daily multivitamin to avoid these 6 birth defects; and 7 "WHEREAS, Experts recommend that 8 all women of childbearing age in the United 9 States who are capable of becoming pregnant 10 should consume 400 micrograms of folic acid 11 per day for the purpose of reducing their risk 12 of having a pregnancy affected with spina 13 bifida; and 14 "WHEREAS, In 2003, 1,000 fewer 15 babies were born with a serious birth defect 16 of the brain and spine because of the 17 B-vitamin folic acid; and 18 "WHEREAS, It is the sense of this 19 Legislative Body to recognize this day in the 20 State of New York to raise awareness regarding 21 the challenges of living with spina bifida and 22 steps that can be taken to prevent spina

23 bifida; now, therefore, be it 24 "RESOLVED, That this Legislative 25 Body pause in its deliberations to memorialize Candyco Transcription Service, Inc. (518) 371-8910 479 1 Governor Eliot Spitzer to proclaim 2 February 26, 2008, as Spina Bifida Awareness 3 and Prevention Day in the State of New York; 4 and be it further 5 "RESOLVED, That copies of this 6 resolution, suitably engrossed, be transmitted 7 to the Honorable Eliot Spitzer, Governor of 8 the State of New York, and the Spina Bifida 9 Association of Albany/Capital District of 10 New York." 11 ACTING PRESIDENT MARCELLINO: To 12 speak on the resolution, Senator Griffo. 13 SENATOR GRIFFO: Thank you, 14 Mr. President. 15 As I was approached by individuals 16 involved with the fight against spina bifida, 17 I found this very interesting and very 18 challenging as we look at healthcare in 19 general. 20 We always are concerned, as we look 21 to wellness efforts, to provide education and 22 awareness to specific issues and concerns 23 related to health and wellness. Also, 24 prevention -- what type of undertakings can we 25 enlist that will prevent, through examinations

Candyco Transcription Service, Inc. (518) 371-8910 480 1 or taking certain medication to help prevent 2 certain activity or illness. And beyond that, 3 the most important element is the research 4 that can be conducted so in the future we can 5 prevent some of this. 6 The statistics were somewhat 7 alarming in this particular case. There are, 8 in this country, over 65 million women of 9 childbearing age. Over 50 percent of the 10 pregnancies are unplanned. 11 And this spina bifida can occur 12 without any kind of indication. It doesn't 13 matter the family history. There isn't 14 anything that can truly tell anybody how to 15 expect this. So many families are so 16 surprised when this diagnosis appears during 17 the pregnancy. 18 So I think it's important, the 19 recent research by the CDC shows that we have 20 cases of over 70,000 people in the United 21 States living with this birth defect and that 22 by right now taking a multivitamin with 23 B-vitamin with folic acid we can help prevent 24 some of this during the early stages of 25 pregnancy. Candyco Transcription Service, Inc. (518) 371-8910 481 1 I find that it is imperative that

2 we as a state begin to partner with 3 organizations who are trying to increase 4 awareness and trying to educate and inform not 5 only the medical profession but individuals, 6 particularly of childbearing age, of the risks 7 absorbed with spina bifida. 8 So today this is the beginning, to 9 continue to raise awareness, to talk about the 10 prevention techniques that can be utilized, 11 and also that we continue to urge for a 12 partnership in developing the research to try 13 to help cure this. 14 And today in the west gallery we 15 have a number of individuals who have been 16 very involved from the Capital Region. I want 17 to introduce Karen Wentworth, who's the 18 executive director of the Spina Bifida 19 Association in Scotia. The Gallagher family 20 is here. The Wyszomirski family is here. 21 But there are three people I want 22 to really identify, three individuals who have 23 had spina bifida and are living with spina 24 bifida. One is a young adult by the name of 25 Shameka Andrews. She has been Miss Wheelchair Candyco Transcription Service, Inc. (518) 371-8910 482 1 New York for 2006, and she is from Albany. 2 The other is Alexa Wyszomirski, from Colonie, 3 and she has spina bifida. And the youngster 4 up there -- I met with all of these

5 individuals earlier. They're quite 6 interesting people and have some interesting 7 stories. And I want to introduce also 8 Madeline Gallagher, Matte Gallagher, who's up 9 there too, up in the west gallery. 10 So we want to thank all of you for 11 your efforts in continuing to help us educate, 12 to prevent as much as possible, and to 13 encourage research and partnership so we can 14 prevent this from occurring to other families 15 across this state. So thank you very much. 16 Thank you, Mr. President. 17 ACTING PRESIDENT MARCELLINO: 18 Senator Breslin, on the resolution. 19 SENATOR BRESLIN: Thank you, 20 Mr. President. 21 I salute you, Senator Griffo, for 22 introducing this resolution and for giving us 23 information about spina bifida. 24 As many of you may not know, spina 25 bifida, there are more cases than muscular Candyco Transcription Service, Inc. (518) 371-8910 483 1 dystrophy, cystic fibrosis, and multiple 2 sclerosis combined in this country. 3 And I look up and see members of 4 the Gallagher family, a very prominent family 5 in the Albany area that I've respected for 6 many, many years. And I commend you for your 7 outreach work and your work to tell others how

8 you can prepare before and during pregnancy to 9 prevent this disease. 10 Thank you very much, Mr. President. 11 ACTING PRESIDENT MARCELLINO: 12 Thank you, Senator. 13 Senator Stachowski. 14 SENATOR STACHOWSKI: I too would 15 like to rise and congratulate Senator Griffo 16 on this resolution. 17 I have a friend that I used to 18 share a house with when I was younger, after 19 college. And when he got married, his first 20 daughter was born. And we were all looking 21 forward to it because he was 6-foot-6 and his 22 wife was 6-foot-3. And we thought even if 23 it's a girl, it's going to be this great 24 athlete. 25 And his daughter had spina bifida. Candyco Transcription Service, Inc. (518) 371-8910 484 1 And they told him that she would be dead by 2 the time she was eight months old. And she 3 just had her 30th birthday, and she's doing 4 very well. 5 But in the course of that, I was 6 involved with the Spina Bifida Association in 7 Western New York, and they picked up a really 8 high-profile board member whose husband's name 9 is Scotty Bowman. And they lived in Buffalo 10 ever since he was a scout there. And

11 Mrs. Bowman got high profile for them, and 12 they still do a lot of active work. 13 And I just wanted to commend you on 14 your advocacy, and congratulations on being 15 loving parents to a challenged child. 16 And I just again want to thank 17 Senator Griffo for sponsoring this resolution 18 and making more people aware of this health 19 problem. 20 Thank you. 21 ACTING PRESIDENT MARCELLINO: Any 22 other Senator wishing to be heard on this 23 resolution? 24 Seeing none, all in favor of the 25 resolution signify by saying aye. Candyco Transcription Service, Inc. (518) 371-8910 485 1 (Response of "Aye.") 2 ACTING PRESIDENT MARCELLINO: 3 Opposed, nay. 4 (No response.) 5 ACTING PRESIDENT MARCELLINO: 6 Hearing none, the resolution is adopted. 7 Senator Skelos. 8 SENATOR SKELOS: If we could go 9 to the noncontroversial reading of the 10 calendar. 11 ACTING PRESIDENT MARCELLINO: The 12 Secretary will read the noncontroversial 13 calendar.

14 THE SECRETARY: Calendar Number 15 186, by Senator DeFrancisco, Senate Print 16 2063, an act to amend the Estates, Powers and 17 Trusts Law, in relation to distribution. 18 ACTING PRESIDENT MARCELLINO: 19 Read the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect on the first of January. 22 ACTING PRESIDENT MARCELLINO: 23 Call the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 48. Candyco Transcription Service, Inc. (518) 371-8910 486 1 ACTING PRESIDENT MARCELLINO: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 243, by Senator Fuschillo, Senate Print 5047, 5 an act to amend the General Business Law and 6 the Correction Law, in relation to the use of 7 inmate labor. 8 ACTING PRESIDENT MARCELLINO: 9 Read the last section. 10 THE SECRETARY: Section 3. This 11 act shall take effect on the 90th day. 12 ACTING PRESIDENT MARCELLINO: 13 Call the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 49. 16 ACTING PRESIDENT MARCELLINO: The

17 bill is passed. 18 THE SECRETARY: Calendar Number 19 272, by Senator Golden, Senate Print 1148, an 20 act to amend the Executive Law, in relation to 21 designating. 22 ACTING PRESIDENT MARCELLINO: 23 Read the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect on the first of January. Candyco Transcription Service, Inc. (518) 371-8910 487 1 ACTING PRESIDENT MARCELLINO: 2 Call the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 49. 5 ACTING PRESIDENT MARCELLINO: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 275, by Senator LaValle, Senate Print 1244, an 9 act to amend the Education Law, in relation to 10 inclusion. 11 ACTING PRESIDENT MARCELLINO: 12 Read the last section. 13 THE SECRETARY: Section 4. This 14 act shall take effect immediately. 15 ACTING PRESIDENT MARCELLINO: 16 Call the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 49. 19 ACTING PRESIDENT MARCELLINO: The

20 bill is passed. 21 THE SECRETARY: Calendar Number 22 308, by Senator Skelos, Senate Print 432A, an 23 act to amend the Penal Law, in relation to 24 sexual assault. 25 ACTING PRESIDENT MARCELLINO: Candyco Transcription Service, Inc. (518) 371-8910 488 1 Read the last section. 2 THE SECRETARY: Section 4. This 3 act shall take effect on the first of 4 November. 5 ACTING PRESIDENT MARCELLINO: 6 Call the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 49. 9 ACTING PRESIDENT MARCELLINO: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 310, by Senator Nozzolio, Senate Print 703C, 13 an act to amend the Penal Law, in relation to 14 adding. 15 ACTING PRESIDENT MARCELLINO: 16 Read the last section. 17 THE SECRETARY: Section 3. This 18 act shall take effect on the first of 19 November. 20 ACTING PRESIDENT MARCELLINO: 21 Call the roll. 22 (The Secretary called the roll.)

23 ACTING PRESIDENT MARCELLINO: 24 Senator Nozzolio, to explain his vote. 25 SENATOR NOZZOLIO: Thank you, Candyco Transcription Service, Inc. (518) 371-8910 489 1 Mr. President. 2 Mr. President and my colleagues, 3 the measure we have before us today is 4 extremely important because the numbers of 5 people affected are growing exponentially each 6 day. It's estimated that one in 15 children 7 ages 10 to 17 have been threatened or harassed 8 while they have been online. That there is 9 cyberbullying and cyberbullies that are 10 praying on their peers and young people from 11 across this nation. 12 One of those young courageous 13 individuals, a young lady by the name of 14 Alexandra Emanuel, from Auburn, New York, 15 brought this issue to my attention, an issue 16 that is confronting our communities in every 17 corner of New York and is unfortunately seeing 18 more and more children suffering across 19 America. 20 This enhances the penalties for 21 anyone who engages in cyberbullying. Violence 22 at any level, whether it be on the schoolyard 23 or on the computer online, should not be 24 tolerated. 25 And the ramifications of the

Candyco Transcription Service, Inc. (518) 371-8910 490 1 activity are enormous. We've seen children 2 engage in very destructive behavior as victims 3 of cyberbullying. Some have even committed 4 suicide as a result of being harassed, 5 continually harassed online. 6 This legislation draws the line. 7 And I want to thank, again, Alex Emanuel for 8 her courage in helping us move this issue 9 forward. 10 We have a way to go. The New York 11 State Assembly needs to follow our lead and 12 enact this legislation. It's my hope that 13 with our leadership today in enacting this 14 bill, we will see the Assembly follow suit 15 soon after and protect the children of 16 New York State. 17 Mr. President, I support this 18 measure, and I'm urging my colleagues to do 19 likewise. And I appreciate their support. 20 ACTING PRESIDENT MARCELLINO: 21 Senator Nozzolio will be recorded in the 22 affirmative. 23 Please announce the results. 24 THE SECRETARY: Ayes, 52. Nays, 25 0. Candyco Transcription Service, Inc. (518) 371-8910 491 1 ACTING PRESIDENT MARCELLINO: The

2 bill is passed. 3 THE SECRETARY: Calendar Number 4 312, by Senator Little, Senate Print 1116B, an 5 act to amend the Penal Law, in relation to 6 providing. 7 ACTING PRESIDENT MARCELLINO: 8 Read the last section. 9 THE SECRETARY: Section 3. This 10 act shall take effect on the first of 11 November. 12 ACTING PRESIDENT MARCELLINO: 13 Call the roll. 14 (The Secretary called the roll.) 15 ACTING PRESIDENT MARCELLINO: 16 Senator Little, to explain her vote. 17 SENATOR LITTLE: Thank you, 18 Mr. President. 19 This is a bill that I've sponsored 20 for the past three years. It has passed the 21 Senate unanimously for the past two years. 22 It's a topic that received a great 23 deal of attention last fall when there was a 24 report made about the number of teachers and 25 school employees having relationships with Candyco Transcription Service, Inc. (518) 371-8910 492 1 students, inappropriate relationships with 2 students within their school district. 3 We've also seen a lot of attention 4 given to teachers who have had relationships

5 with students who are under the age of 17, and 6 that results in statutory rape. 7 What this bill does is this bill 8 amends Section 130 of the Penal Law, which 9 talks about client-patient relationships, and 10 says that any teacher or employee or volunteer 11 of a school district cannot have a sexual 12 relationship with any student, full-time 13 student of that school. 14 Now, it exempts anyone when there 15 is less than a four-year differential or when 16 two people are married. 17 But what we have seen happen -- and 18 I have examples of this in my district -- is a 19 teacher who has a relationship with a 20 17-or-18-year-old student, and you cannot deny 21 that that teacher holds something over, power 22 over that student. 23 I've read in an affidavit -24 ACTING PRESIDENT MARCELLINO: 25 Excuse me, Senator. If we could just keep it Candyco Transcription Service, Inc. (518) 371-8910 493 1 down. The stenographer is having trouble 2 hearing. Thank you. 3 Senator. 4 SENATOR LITTLE: I've read in an 5 affidavit where a teacher said they would not 6 give a recommendation to that student in the 7 class and for the college that they intended

8 to go to. 9 So this is really a serious issue 10 that happens to many students in New York 11 State. What happens after it becomes known is 12 the teacher is usually released from that 13 school, loses their job. However, there is no 14 real penalty here. 15 And in one case we found that the 16 teacher had a relationship with a 17-year-old 17 girl. Three years before, he'd had a 18 relationship with another 17-year-old-girl, 19 and a few years before that he'd had another 20 relationship with another 17-year-old. The 21 entire time, he was married. 22 So what this bill does is 23 approaches that and makes a penalty out of any 24 of these inappropriate relationships between a 25 member of a school district -- an employee, a Candyco Transcription Service, Inc. (518) 371-8910 494 1 volunteer -- and a full-time student of that 2 district. 3 I vote aye, and I thank my 4 colleagues for supporting this bill. 5 ACTING PRESIDENT MARCELLINO: 6 Senator Little will be recorded in the 7 affirmative. 8 Announce the results, please. 9 THE SECRETARY: Ayes, 55. Nays, 10 0.

11 ACTING PRESIDENT MARCELLINO: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 316, by Senator Skelos, Senate Print 2374, an 15 act to amend the Criminal Procedure Law, in 16 relation to the statute of limitations. 17 ACTING PRESIDENT MARCELLINO: 18 Read the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT MARCELLINO: 22 Call the roll. 23 (The Secretary called the roll.) 24 ACTING PRESIDENT MARCELLINO: 25 Senator DeFrancisco, to explain his vote. Candyco Transcription Service, Inc. (518) 371-8910 495 1 SENATOR DeFRANCISCO: Yes, I'm 2 going to vote aye on this legislation, but I 3 just want to put on the record that when there 4 is further negotiations on this type of bill, 5 which I'm in favor of -- namely, to keep open 6 a case and extend the statute of limitations 7 when DNA evidence is found at the scene and 8 there's no match, simply because there's no 9 match in the system at that point -- the 10 objectionable part that I hope will be 11 corrected is the fact that under the other two 12 examples of where the statute of limitations 13 is extended -- namely, where the

14 identification of an individual is 15 continuously known but they couldn't find him, 16 or the person was continuously out of the 17 jurisdiction -- on each of those they said, at 18 the outside, it's extended by five additional 19 years beyond the normal statute of 20 limitations. 21 That is not the case in this new 22 category where DNA evidence is found at the 23 scene. I think there should be an outside 24 limit -- although there should be an extension 25 of time to try to find the perpetrator, there Candyco Transcription Service, Inc. (518) 371-8910 496 1 ought to be some definite outside limit than 2 infinity. 3 So hopefully when this goes 4 further, we would have some kind of limit in 5 that legislation. 6 I vote aye. 7 ACTING PRESIDENT MARCELLINO: 8 Senator DeFrancisco will be recorded in the 9 affirmative. 10 Announce the results, please. 11 THE SECRETARY: Ayes, 54. Nays, 12 1. Senator Duane recorded in the negative. 13 ACTING PRESIDENT MARCELLINO: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 318, by Senator Lanza, Senate Print 4053, an

17 act to amend the Penal Law, in relation to 18 making Internet impersonation a crime. 19 ACTING PRESIDENT MARCELLINO: 20 Read the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect on the first of 23 November. 24 ACTING PRESIDENT MARCELLINO: 25 Call the roll. Candyco Transcription Service, Inc. (518) 371-8910 497 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 55. 3 ACTING PRESIDENT MARCELLINO: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 322, substituted earlier today by Member of 7 the Assembly Lentol, Assembly Print Number 8 9480, an act to amend the Penal Law, in 9 relation to aggravated harassment. 10 ACTING PRESIDENT MARCELLINO: 11 Read the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect on the first of 14 November. 15 ACTING PRESIDENT MARCELLINO: 16 Call the roll. 17 (The Secretary called the roll.) 18 ACTING PRESIDENT MARCELLINO: 19 Senator Skelos, to explain his vote.

20 SENATOR SKELOS: Mr. President, 21 this legislation that passed the Senate last 22 year -- and hopefully the Assembly will pass 23 it this year -- would make it a crime of 24 aggravated harassment if a person displays a 25 noose with the intent to harass, annoy, Candyco Transcription Service, Inc. (518) 371-8910 498 1 threaten or alarm another individual. 2 This would be similar to what 3 exists in the Penal Law right now concerning 4 the display of swastikas or burning a cross. 5 ACTING PRESIDENT MARCELLINO: 6 Senator Skelos will be recorded in the 7 affirmative. 8 Senator Skelos. 9 SENATOR SKELOS: I apologize, the 10 Assembly did pass the bill this year. Not 11 last year. They have passed it. So hopefully 12 now I'll amend my statement and say I hope the 13 Governor signs the bill. 14 ACTING PRESIDENT MARCELLINO: 15 Your amended statement is accepted. You'll 16 still be recorded in the affirmative, sir. 17 Announce the results. 18 THE SECRETARY: Ayes, 55. Nays, 19 0. 20 ACTING PRESIDENT MARCELLINO: The 21 bill is passed. 22 Senator Skelos, that completes the

23 calendar. 24 SENATOR SKELOS: Mr. President, 25 is there any further business at the desk? Candyco Transcription Service, Inc. (518) 371-8910 499 1 ACTING PRESIDENT MARCELLINO: The 2 desk is clear, sir. 3 SENATOR SKELOS: There being 4 none, I move we stand adjourned until 5 Wednesday, February 27th, at 11:00 a.m. 6 ACTING PRESIDENT MARCELLINO: On 7 motion, the Senate will stand adjourned until 8 Wednesday, February 27th, at 11:00 a.m. 9 (Whereupon, at 3:36 p.m., the 10 Senate adjourned.) 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

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